Title: Bristol-Myers Squibb Company and Celgene Corporation, In the Matter of (Administrative)

Bristol-Myers Squibb Company and Celgene Corporation, In the Matter of

Tags:

• Health Care
• Prescription Drugs
• Competition
• Merger

Last Updated: November 12, 2021

Case Status:

Pending

In the Matter of Bristol-Myers Squibb Company, a corporation; and Celgene Corporation, a corporation.

FTC Matter/File Number:

191 0061

Docket Number:

C-4690

Enforcement Type:

Part 2 Consents

Case Summary

Pharmaceutical and biologic manufacturers Bristol-Myers Squibb Company and Celgene Corporation have agreed to divest Celgene's Otezla, the most popular oral treatment in the United States for moderate-to-severe psoriasis, for $13.4 billion. The divestiture settles Federal Trade Commission charges that BMS's proposed $74 billion acquisition of Celgene would violate federal antitrust law. Under the terms of the proposed consent order, the parties will divest Celgene's worldwide Otezla business - including its regulatory approvals, intellectual property, contracts, and inventory - to Amgen, Inc. no later than 10 days after consummating the proposed acquisition.

Case Timeline

November 12, 2021

PRESS RELEASE:FTC Approves Modifications to Bristol Meyers Squibb Divestiture Agreement

January 13, 2020

Complaint (112.81 KB)

Decision and Order [Redacted Public Version] (232.82 KB)

PRESS RELEASE:FTC Approves Final Order Requiring Bristol-Myers Squibb Company and Celgene Corporation to Divest Psoriasis Drug Otezla as a Condition of Acquisition

December 6, 2019

Federal Register Notice Containing Analysis to Aid Public Comment

November 15, 2019

Agreement Containing Consent Orders (1.12 MB)

Analysis of Agreement Containing Consent Order to Aid Public Comment (24.44 KB)

[Proposed] Decision and Order (162.57 KB)

Complaint (68.82 KB)

Order to Maintain Assets (119.78 KB)

PUBLIC STATEMENT:Statement of Commissioner Christine S. Wilson In the Matter of Bristol-Myers Squibb Company and Celgene Corporation

PUBLIC STATEMENT:Statement of Commissioner Noah Joshua Phillips In the Matter of Bristol-Myers Squibb Company and Celgene Corporation

PUBLIC STATEMENT:Dissenting Statement of Commissioner Rebecca Kelly Slaughter In the Matter of Bristol-Myers Squibb Company and Celgene Corporation

PUBLIC STATEMENT:Dissenting Statement of Commissioner Rohit Chopra In the Matter of Bristol-Myers Squibb Company and Celgene Corporation

PRESS RELEASE:FTC Requires Bristol-Myers Squibb Company and Celgene Corporation to Divest Psoriasis Drug Otezla as a Condition of Acquisition